28 Jan 2025

Adorned in the imposing dark green pinstripe suit, Carter Morupisi steadily walks into Court Room nine. 

Cognizant that all eyes in the public gallery and cameras were on him, he slowly proceeds to lodge in the front benches, as he cuts a lonely figure.

 Looking dejected, he takes a deep sigh and gazes around the almost full gallery, perhaps to gain courage to face the weighty pressure oozing from his current predicaments.

 Once adorned with power and authority, Morupisi is not just an ordinary convict to wear the orange costume. 

He is a man who wielded power, having spent the latter part of his life in civil service as Permanent Secretary to the President, the most powerful post in the land, after the president’s. 

At that helm, no one would ever have imagined that Morupisi would one day locate Gaborone Central Prison as his place of abode. Never! “I am so tired,” he expressed to his spouse, who has been a constant figure next to his husband in the ordeal, even after she was acquitted from the crime that has since entangled her husband. 

Morupisi’s legal troubles peaked in 2019 after being charged with corruption, money laundering and benefitting from proceeds of corrupt practices. 

After a fully-fledged trial, he was found guilty on all counts by Justice Chris Gabanagae of Gaborone High Court on November 1, 2023. He was subsequently sentenced to a two year-imprisonment wholly suspended on conditions that he does not commit the same offence of corruption, fined P130 000 and the Toyota Land Cruiser which was adjudged to be a proceeds of crime forfeited to the state. Feeling unduly adjudged by the High Court, Morupisi approached the Court of Appeal to set aside his conviction, a move that proved to be a futile miscalculation to his fate as the court seized the opportunity to impose a stiffer sentence - custodial.

 “We want you to address us on whether we should not enhance the sentence,” Court of Appeal Judge President, Justice Tebogo Tau said to Morupisi’s defence counsel, stating that the court was endowed with power to enhance the High Court sentence. 

“It is a matter that we have not anticipated and it appears very weighty,” his then attorney Mr Busang Manewe told the court panel, before asking that the matter be postponed to the next session. Upon return to the court, Morupisi asked to withdraw the matter, but the application was rejected and the court ordered that it proceed to be heard. 

The Court of Appeal subsequently sentenced him to a cumulative 10-year jail term. 

The sentencing court stated that, “We have agonised the sentence to be imposed on the appellant bearing in mind that this court would be failing in its duty and seen to be eroding public confidence in the judicial system if the appellant were to escape with a rap on the knuckles. 

The court would also be seen to undermine the Honourable President’s stated desire to see an end to corruption”. Morupisi then approached the High Court arguing that by mentioning the President, the Court of Appeal contravened section 10 (1) of the Constitution saying he was not tried by an independent and impartial court, and wanted the lower court to set aside the judgment and liberate him forthwith. 

The matter landed in the hands of a High Court panel of Justices Dr Zein Kebonang, Masilo Mathaka and Reuben Lekorwe. The state, however, made an application for Justice Dr Kebonang to recuse himself from the matter, alleging that Capital Management Botswana (CMB) about seven years ago donated funds to the Judge’s brother, which then raised the issue of potential biasness.

 The state lost the recusal application as Judge Kebonang stated that the applicant had not adduced anything to demonstrate bias or anything that would otherwise prevent him from sitting as part of the panel, hence the matter proceeded with the High Court agreeing with Morupisi and declaring the Court of Appeal a nullity and reinstated the initial High Court sentence, which imposed a fine and suspended prison term. 

Aggrieved by the court decision, the state approached the Court of Appeal pleading that the lower court decision be heard urgently and that Morupisi be sent back to Central Prison, an application they later abandoned.

 After the expedited appeal was argued, Morupisi through his attorney Dr Obonye Jonas filed another application that the presiding judge, Justice Mercy Garekwe recuse herself from the matter, arguing perceived bias against himself. 

“The application for my recusal is unmerited, [it is] an abuse of this court and is thus dismissed,” Justice Garekwe said as she declined Morupisi’s application. 

Henceforth she ruled that the state application of expedited appeal against the High Court decision be heard during the January appeals session. 

In her decision, Justice Garekwe said the High Court decision disregarded numerous decisions of the Court of Appeal that it was the Supreme Court in Botswana and also undermined the structure of the court as set out in the Constitution, further adding that it was her view that the state case had strong prospects of success as the High Court lacked jurisdiction to set aside decisions of the apex court. 

When the Court of Appeal sit to listen to the state appeal by January end, Morupisi will argue not to be sent to prison once again, while his many cases will continue to be case studies for the court and future corruption cases.

 A former top civil servant, Morupisi’s brash with the law stems from a decision he took in November 11, 2014 to award CMB a contract to manage Botswana Public Officers Pension Fund (BPOPF) private equity fund without the authority of the board as it was still in suspension.

 The BPOPF board was suspended through a court order dated October 7, 2014 pending the election of new employee trustees. In return, Morupisi is said to have received valuable interest in the form of a Toyota Land Cruiser pickup valued at R630 988,99. ENDS